Given the controversy that has been the hallmark of Sheriff Garcia’s time in office, seemingly from Day One, I was extremely troubled to hear of his embrace of the concept of “constitutional sheriffs,” also referred to at times as “sovereign sheriffs.” This is a fairly contentious issue, for reasons that will hopefully be made clear by this letter.

Below are excerpts of the Wikipedia entry under “Constitutional Sheriffs and Peace Officers Association”:

“The Constitutional Sheriffs and Peace Officers Association (CSPOA) is a political organization of local police officials in the United States who contend that federal and state government authorities are subordinate to the local authority of county sheriffs and police. Self-described constitutional sheriffs assert that they are the supreme legal authority with the power and duty to defy or disregard laws they regard as unconstitutional.

…

The movement has some ideological similarities with the self-styled patriot movement and sovereign citizen movement, and some members of those movements also espouse “constitutional sheriff” ideology. The “constitutional sheriff” or “county supremacy” movement itself arose from the far-right Posse Comitatus, a racist and anti-Semitic group of the 1970s and 1980s that also defined the county sheriff as the highest “legitimate” authority in the country, and was characterized by paramilitary figures and the promotion of conspiracy theories. Sheriffs are not mentioned in the U.S. Constitution. The ideological basis of the sheriffs’ movement is instead based on various incorrect historical and legal claims, relying on a pretense that the historic powers of the high sheriff of an English shire apply in the USA regardless of subsequent legal developments.”

Garcia’s embrace of this ideology is problematic for various reasons, and his actions since taking office strongly indicate that he does in fact view himself as the “supreme authority” in matters great and small. Given his utter lack of law enforcement experience, this level of hubris (arrogance?) promises to be the source of more controversy and friction with the county commissioners

Garcia’s contentions must undergo a legal test so we have definitive legal rulings in regard to this very pressing matter.

DAVE SWEBLOM

Raymond